B. F. Avery & Sons v. J. I. Case Plow Works
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action by B. F. Avery & Sons, a corporation, against J. I. Case Plow Works. Judgment (163 Fed. 842) for defendant on demurrer to complaint, and plaintiff brings error. The writ of error is to reverse a judgment sustaining a demurrer to the complaint of plaintiff in error and dismissing the action. The facts are stated in the opinion.
1Opinion of the CourtGrosscup, Circuit Judge
The action in the. Court below was by plaintiff in error, a corporation under the laws of the State of Kentucky, against defendant in error, a corporation under the laws of Wisconsin — the complaint averring that prior to September, 19,03, one Holsclaw was the inventor of an improvement in Planters, fully set forth in letters patent issued to plaintiff in error, assignee, February 5, 1907; that on the 9th day of September, 1903, application was made to the Patent Office for said patent; that but for interference by defendant in error, in the name of one Sobey, such patent would have issued…
2Cited by5 opinions
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